1.5.1 Censorship and Entertainment Control Act [Chapter 10:04]
This statute presents itself as the premier legislation in terms of censorship of
artistic works in Zimbabwe. In the long title, the Act is enacted:
to regulate and control the public exhibition of films, the importation,
production, dissemination and possession of undesirable or prohibited video
and film material, publications, pictures, statues and records and the giving of
public entertainments; to regulate theatres
entertainment in
the
interests
of
safety;
and
and
like
places
to provide
of
public
for matters
incidental to the foregoing.
The Act will be reviewed in detail later in this report when dealing with
censorship in Zimbabwe. However, it suffices to give a brief history of this Act
and censorship practice so as to put the issue of censorship under
Zimbabwean law into perspective.
1.5.2 Criminal Law (Codification and Reform) Act [Chapter 9:23]
The Criminal Law (Codification and Reform) Act (herein Criminal Code) was
adopted to codify and reform all common law offences into one statute. The
legal position in the aftermath of its adoption is that all offences are
established either in the Criminal Code or any other statute that criminalises
specific conduct in the sphere of application of the Act in question.
Being the premier criminal statute in Zimbabwe, the Criminal Code has been
interpreted consistently to criminalise artistic expression that is viewed as
highly critical of political leadership and other state institutions and actors
such as the police. The case of Owen Maseko is one good example.
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In that
case the artist had installed a public exhibition of various artistic expressions
depicting the mass atrocities committed by government forces in Matabeleland
in the 1980s. The State used various sections of the Criminal Code (sections
33 and 42) to prosecute the artist for staging the exhibition, which effectively
was banned.
Artist who was arrested and charged using section 31 and 33 of the Criminal Codification
and Reform Act to censor artistic works aimed at interrogating what happened during
Gukurahundi in Matabeleland region.
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